The attention of the Board of Trustees of the Village of Chestnut
Ridge has been directed to abuses and unscrupulous and disruptive
acts by street vendors and persons engaging in door-to-door soliciting
and selling of goods, merchandise and wares; that residents of the
Village may have been subjected to exaggerated, unethical and spurious
claims and representations with respect to such goods, wares and merchandise;
and that such conduct by street vendors and door-to-door solicitors
has violated the peace, good order and safety and general welfare
of residents of the Village; and it is the intent of the Board of
Trustees of the Village of Chestnut Ridge, by the enactment of this
chapter, to minimize and prevent the foregoing abuses and violations
of the rights of the residents of the Village and to protect them
and the general welfare as hereafter more fully provided.
It shall be unlawful for any person, firm, organization or other
entity subject to the provisions of this chapter to act or have any
person under its control represent him or it as a peddler, hawker,
solicitor, canvasser or sales agent, as defined herein, without first
having obtained and having in force and effect a license duly issued
as herein provided.
The following terms, phrases and words and their derivations
shall have the meaning given herein and, as required, the present
tense shall include the future, and words in the plural shall include
the singular, and vice versa. The word "shall" is always mandatory
and not directory.
ESTABLISHED PLACE OF BUSINESS
A building or structure which is operated as a regularly
established place of business and from which a person transacts business
and deals in goods, wares or merchandise, or performs services or
solicits orders for the same on a continuing and ongoing basis.
MERCHANDISING
Selling, purchasing, bartering or trading, or offering to
sell, purchase, barter or trade any goods, wares, commodities services,
property (real or personal), or other merchandise, including periodicals
and books.
[Amended 6-16-2016 by L.L. No. 1-2016; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
PEDDLER AND HAWKER
Any person, principal or agent who engages in door-to-door
merchandising of any goods, wares or commodities, including books,
periodicals or services, to homes or places of business, or in any
public place or street or from any premises not an established place
of business.
PERSON
Any individual, firm, partnership, corporation, association
or other entity or organization, and any principal or agent thereof.
SOLICITOR AND CANVASSER
Any person, principal or agent engaging in door-to-door solicitation
at homes, businesses or in any public place or street or from any
premises not an established place of business, of orders for sale
of goods, wares, commodities or other merchandise, including books
or periodicals, or for the performance of future services, or for
the making, manufacturing or repairing of any article or thing whatsoever
for future delivery.
Every applicant for a license hereunder shall submit a verified
written application to the Village Clerk supplying the following information:
A. Name, permanent home address and local address, if any, of applicant.
B. A physical description of the applicant setting forth:
C. A detailed statement of the particular business, trade or occupation
for which the license is requested, and a description of the goods,
wares, merchandise or commodities offered for sale.
D. The name and address of the person, firm or corporation, if any,
he represents; the names and addresses of all partners, if a partnership;
the names and addresses of the principal officers, if a corporation;
and the name and address of a person upon whom a legal process and
notice may be served.
E. Prior arrests and the dispositions thereof of the applicant and the
firm or corporation he represents, including the date and nature of
such arrest, and location of the court where such record or disposition
is on file, as reflected on a certificate of conviction affixed to
the application made under this chapter. An applicant previously convicted
of a crime shall not be precluded from obtaining a license under this
chapter; however, no license shall be issued until after the Village
Board has reviewed the application at a regularly scheduled Village
Board meeting.
[Amended 6-16-2016 by L.L. No. 3-2016]
F. The number and kind of motor vehicles to be used in carrying on the
business; and the registration, license and insurance data for each
such vehicle and operators thereof.
G. The length of time for which the license and privilege to do business
is desired, which shall not exceed 120 consecutive days.
[Amended 6-16-2016 by L.L. No. 3-2016]
H. Two photographs two inches by two inches in size, taken within 60
days immediately prior to the date of filing of the application, showing
clearly the face and shoulders of the applicant.
I. References as to the applicant's good character, such as at
least two residents of Rockland County, or municipalities in Rockland
or adjoining counties in which the applicant has conducted his business
or operations.
J. If peddling or soliciting is to be conducted as a team, group or
other organized party under single leadership or direction, control
or sponsorship, the above-required personal information shall also
be supplied as to such leader or person in charge and with respect
to each such other person, employee or agent so involved.
K. If such applicant represents or is the agent for a principal, there
shall be appended to the application a letter or other evidence of
authorization or agency from the principal describing the nature and
scope of such applicant's authority and any restrictions, limitations
and conditions imposed on such applicant by the principal agency or
organization he represents. In addition, copies of each order form,
contract, or other form or document to be utilized by the applicant
in such sale or solicitation shall be attached to the application.
L. Where the applicant is offering for sale goods, merchandise or commodities
required to be sold by weight, measure or count, as provided under
Article 16 of the Agriculture and Markets Law of the State of New
York, such application shall be accompanied by a certificate from
the Sealer of Weights and Measures having jurisdiction thereof, certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
M. Any additional information required by the Village in the interest
of the health, safety and welfare of the residents of the Village,
including, but not limited to, denials of licenses or their revocation
by other municipalities prior to the present application.
A licensed peddler or solicitor shall not:
A. Resort to deceptive acts or practices, physical abuse, threats, intimidation
or harassment in the course of conducting his business, or offer for
sale any provision, food or merchandise that is unwholesome, unfit,
deleterious or harmful to the user or consumer thereof.
B. Peddle or solicit on private property which has displayed a sign,
placard or sticker bearing the words "do not knock" or "No peddling
or soliciting," or any words of like intent, nor shall any licensee
remain on the premises after the owner or occupant thereof has requested
their departure therefrom.
[Amended 6-16-2016 by L.L. No. 3-2016]
C. Keep the vehicles and receptacles used by him in an unclean and unsanitary
condition, nor the foodstuffs and edibles offered for sale uncovered
and unprotected from dirt, dust, insects, contamination or spoilage,
or as otherwise required by any competent municipal health authority.
D. Stand or permit the vehicle used by him to stand in one place in
any public place or street for more than 10 minutes, or in front of
any premises for any time if the owner or occupant of the premises
objects. However, in no case shall the holder of any license issued
hereunder remain in any one fixed location and vend his good, wares
and merchandise continuously for a period in excess of 30 minutes,
nor shall said licensee resume operations during the same business
day from a new location within 1/4 mile of said former site of operation.
E. Sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F. Permit any vehicle used by him to stop or remain on any crosswalk.
G. Create, erect or maintain any booth or stand, or place any barrels,
boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
H. Blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares or shout or cry out his wares.
I. Assign or transfer his license to any other person, and any transfer
to or use of such license by any other person shall be a violation
and shall automatically thereupon terminate such license.
J. Fail to carry his license upon his person nor to exhibit the same
upon demand to any police, Village officer or agent or resident being
solicited or involved in a transaction with him.
K. Obstruct any street, driveway or other public or private right-of-way.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor and which shall contain the notice of right of cancellation as set forth in §
194-10 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As more fully provided and set forth in the Door-to-Door Sales
Protection Act found in Personal Property Law Article 10-a, § 425
et seq., which is incorporated herein by reference as to the rights,
remedies and procedures in any sale, order for purchase or agreement
to buy which was induced by, or the result of, harassment, intimidation,
abusive conduct, misrepresentation of material facts or high-pressure
tactics by the solicitor, any person or consumer shall have the right
of cancellation as therein set forth upon giving written notice to
the solicitor by mail properly addressed and postage prepaid; and
such notice, the language or tenor of which makes clear the purchaser's
intention to return such goods, wares or merchandise, will be sufficient.
In such event, the seller's failure to tender to the buyer any
payment made by the buyer, less a sum not in excess of 5% of the cash
price, but not exceeding the amount of the down payment, with an acknowledgment
of his cancellation of the order, shall be deemed a violation of this
chapter, and shall subject the licensee to any penalties hereunder
in addition to any penalties provided under the Door-to-Door Sales
Protection Act found in Personal Property Law Article 10-a, § 425
et seq.
Any licensee aggrieved by any action or determination of the
Village Clerk may appeal to the Mayor of the Village, or any agent
or agency designated by him, within 14 days after notice of the action
or determination complained of has been mailed to him, by filing a
written statement setting forth fully the grounds for the appeal.
The Mayor or his agent shall set a time and place for a hearing on
such appeal and notice of such hearing shall be mailed to the applicant's
last known address at least five days prior to the date set for the
hearing. The decision and order of the Mayor or his agent on such
appeal shall be final and conclusive.
The Village Clerk shall keep a record of all applications and
of all licenses granted hereunder, giving the number and date of each
license, the name and residence of the person licensed, the license
fee paid, and also the date of revocation of license, if any.
The Mayor and the Code Enforcement Officer of the Village of
Chestnut Ridge are each hereby authorized and empowered to enforce
this chapter by the issuance of appearance tickets for any violation
hereof.
Any person violating any of the provisions of this chapter shall
be subject to a fine of not more than $1,000 for each violation and/or
imprisonment for not more than 15 days, and each day of such violation
shall constitute a separate offense.